Share your story and shine at JK Monitor!🌟 Welcome to JK Monitor, where every story matters and every achievement is celebrated! We invite you to share the remarkable journey of your life and showcase your accomplishments to the world. Join our exclusive interviews that honor exceptional individuals just like you. JAMMU: The Bharatiya Janata Party (BJP) has alleged that the Jammu and Kashmir Forest Minister is facing a clear conflict of interest (COI) situation that is preventing him from effectively discharging his constitutional and administrative responsibilities relating to forest governance, prevention of illegal encroachments, and ecological conservation in the Union Territory.
The party alleged that instead of acting firmly against illegal encroachments on forest land, particularly in Jammu city, the Minister has chosen to side with encroachers and mislead public opinion by selectively quoting legal provisions while concealing material facts.
Girdhari Lal Raina former MLC and spokesperson of BJP stated that the Forest Rights Act (FRA), 2006 recognizes the land and resource rights of Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs). However, he emphasized that the law does not permit illegal occupation or encroachment of forest land, especially “city forests.”
According to Raina, encroachment by definition is an illegal occupation. While special legal protections exist for eligible tribal communities, these protections do not authorize unlawful seizure or occupation of land.
He referred to the following legal provisions:
The Indian Forest Act, 1927 — Occupying, constructing upon, or cultivating reserved or protected forest land without legal authorization is a punishable offence irrespective of an individual’s tribal status.
The Forest Rights Act, 2006 — The Act protects traditional habitation and cultivation rights that existed prior to December 13, 2005, subject to legitimate and verifiable claims. It does not permit fresh encroachments or occupation of urban and city forests.
Ex MLC further stated that in February 2026, Minister Javed Rana informed the Jammu and Kashmir Legislative Assembly that 19,496.73 hectares of forest land in the Union Territory remained under encroachment as of December 31, 2025. The Minister had then stated that the Forest Department was undertaking sustained measures to retrieve encroached land, including:
- Detailed surveys and demarcation of forest boundaries
- Issuance of notices under Section 79(A) of the Indian Forest Act, 1927
- Eviction drives
- Fencing and restoration of retrieved land using indigenous species
- Enhanced vigilance by Territorial Wings and the Forest Protection Force
- Use of modern technologies such as remote sensing, GPS, and drones
However, the BJP alleged that in May 2026, the Minister abandoned his responsibilities as a Cabinet Minister and instead threatened action against officers who were performing their lawful duties during anti-encroachment operations.
The party spokesperson stated that despite explicit directions issued by the High Court more than five-and-a-half years ago for the removal of illegal occupants from forest land in Jammu and Kashmir, nearly 20,000 hectares of forest land continue to remain under encroachment across the Union Territory. GL Raina further accused the ruling NC government of adopting “double standards” and approaching the issue of encroachment from a communal perspective.
He further added that the government was concealing the fact that the area where demolition drives were conducted was not a traditional tribal habitat and that no structures existed there before 2009, as allegedly visible in satellite imagery. The BJP alleged that the encroachments took place during the previous National Conference government between 2009 and 2014.
The BJP reiterated its stand that encroachers, irrespective of religion or community, must be evicted strictly in accordance with the law and asserted that it is the responsibility of the government to free forest land from illegal occupation.
